Skip to comments.Supreme Court Strikes Down Gay Sex Ban
Posted on 06/26/2003 7:25:57 AM PDT by jethropalerobber
Supreme Court Strikes Down Gay Sex Ban
WASHINGTON - The Supreme Court struck down a ban on gay sex Thursday, ruling that the law was an unconstitutional violation of privacy.
The 6-3 ruling reverses course from a ruling 17 years ago that states could punish homosexuals for what such laws historically called deviant sex.
The case is a major reexamination of the rights and acceptance of gay people in the United States. More broadly, it also tests a state's ability to classify as a crime what goes on behind the closed bedroom doors of consenting adults.
Thursday's ruling invalidated a Texas law against "deviate sexual intercourse with another individual of the same sex."
Defending that law, Texas officials said that it promoted the institutions of marriage and family, and argued that communities have the right to choose their own standards.
The law "demeans the lives of homosexual persons," Justice Anthony M. Kennedy wrote for the majority.
Well, at least three people would disagree with you on that assesment.
That's one way to put it.
Laws forbidding homosexual sex, once universal, now are rare. Those on the books are rarely enforced but underpin other kinds of discrimination, lawyers for two Texas men had argued to the court.
The men "are entitled to respect for their private lives," Kennedy wrote.
"The state cannot demean their existence or control their destiny by making their private sexual conduct a crime," he said.
Justices John Paul Stevens (news - web sites), David Souter (news - web sites), Ruth Bader Ginsburg (news - web sites) and Stephen Breyer (news - web sites) agreed with Kennedy in full. Justice Sandra Day O'Connor (news - web sites) agreed with the outcome of the case but not all of Kennedy's rationale.
Chief Justice William H. Rehnquist and Justices Antonin Scalia (news - web sites) and Clarence Thomas (news - web sites) dissented.
"The court has largely signed on to the so-called homosexual agenda," Scalia wrote for the three. He took the unusual step of reading his dissent from the bench.
"The court has taken sides in the culture war," Scalia said, adding that he has "nothing against homosexuals."
The two men at the heart of the case, John Geddes Lawrence and Tyron Garner, have retreated from public view. They were each fined $200 and spent a night in jail for the misdemeanor sex charge in 1998.
The case began when a neighbor with a grudge faked a distress call to police, telling them that a man was "going crazy" in Lawrence's apartment. Police went to the apartment, pushed open the door and found the two men having anal sex.
As recently as 1960, every state had an anti-sodomy law. In 37 states, the statutes have been repealed by lawmakers or blocked by state courts.
Of the 13 states with sodomy laws, four Texas, Kansas, Oklahoma and Missouri prohibit oral and anal sex between same-sex couples. The other nine ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia.
Thursday's ruling apparently invalidates those laws as well.
The Supreme Court was widely criticized 17 years ago when it upheld an antisodomy law similar to Texas'. The ruling became a rallying point for gay activists.
Of the nine justices who ruled on the 1986 case, only three remain on the court. Rehnquist was in the majority in that case Bowers v. Hardwick as was O'Connor. Stevens dissented.
A long list of legal and medical groups joined gay rights and human rights supporters in backing the Texas men. Many friend-of-the-court briefs argued that times have changed since 1986, and that the court should catch up.
At the time of the court's earlier ruling, 24 states criminalized such behavior. States that have since repealed the laws include Georgia, where the 1986 case arose.
Texas defended its sodomy law as in keeping with the state's interest in protecting marriage and child-rearing. Homosexual sodomy, the state argued in legal papers, "has nothing to do with marriage or conception or parenthood and it is not on a par with these sacred choices."
The state had urged the court to draw a constitutional line "at the threshold of the marital bedroom."
Although Texas itself did not make the argument, some of the state's supporters told the justices in friend-of-the-court filings that invalidating sodomy laws could take the court down the path of allowing same-sex marriage.
The case is Lawrence v. Texas, 02-102.
Guns Before Butter.
The decision was obviously made with no brains. On which side are you? (no pun allowed)
So what about the gambling laws that are violated behind closed doors? Voluntary sex between an adult and a minor? Dope?
Watch how fast "private" becomes public, enforced by the state in every sphere.
They make a deodorant just for gay sex?
Where's the 10th Amendment?
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